(영문) 울산지방법원 2014.12.17 2014고단2968

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(영문) 울산지방법원 2014.12.17 2014고단2968

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:20 on August 31, 2014, the Defendant expressed that at the entrance of the building, the Defendant was in front of the D- way in Ulsan-gu, Ulsan-gu, Seoul-do, that he was in possession of a person at the entrance of the building and explained the progress of the mobilization by shouldering the Defendant who was under the influence of alcohol, and by a slope G, who was in possession of the Defendant on the floor of the path, and used him for the safety of returning home for the safety of the safety, and, without any special reason, considered the above police officers as follows: “I will am in front of this spath, I will am in front of this spathe, I will am in front of this spathe, I will am in front of this spathe, I will am in front of this spathe.” The Defendant expressed that he was in possession of a person at the entrance of the building, and expressed two times the front face part of the F-gu spath, and assaulted by both hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the lives, bodies and property of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136(1) of the Criminal Act applicable to the crime and Article 136(1) of the choice of punishment - Selection of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. In the case where the degree of punishment of a fine for the same crime is minor in the mitigated area (one to eight months) of the obstruction of performance of official duties (special mitigation) under category 1 (the scope of recommendation) of the Social Service Order Act, Article 62-2(1) of the Act on Probation, etc., Article 59 of the Act on the Protection, etc. of Probation, [the decision of sentence] of the defendant has the ability to punish a fine for the same crime in addition to the above fine, the defendant has no other penalty power, other than the above fine, the fact that the defendant's family relation, environment, etc. are divided, and other circumstances revealed in the oral proceedings shall be determined as ordered

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